The Harwich Dock Company Harbour Empowerment Order 1988

For further protection of harbour authorities, etc.

28.—(1) In this article–

“the protected area” means in relation to the Board, and Sealink Harbours Limited, Harwich Harbour and in relation to Trinity House, the area bounded by the following co-ordinates–

Latitude 51° 56'.780N., Longitude 01° 17'.125E.

Latitude 51° 56'.865N., Longitude 01° 17'.110E.

Latitude 51° 56'.873N., Longitude 01° 17'.185E.

Latitude 51° 56'.815N., Longitude 01° 17'.195E.;

“the protected interests” means the Board, Sealink Harbours Limited or Trinity House, or any of them;

“the specified works” means any of the authorised works which are tidal works, and includes any operations carried out under the powers of article 13 of this Order in execution of the powers of article 5 of this Order.

(2) If, during the construction of the specified works on the foreshore or bed of the river, or of any temporary structures in connection therewith, or within five years after the completion of the specified works or the removal of such temporary structures, there shall be caused or created any accumulation of silt or other material, or any scouring or alteration of the tidal flow in the river, within the protected area in consequence of–

(a) the construction of the specified works or such temporary structures; or

(b) dredging carried out in connection with the construction of, or to afford access for vessels to, the specified works;

which shall cause either damage to the harbour works of the protected interests or an impediment to the free navigation of the protected area or shall prejudice safe navigation or berthing in that area, the Company, if so requested by the protected interests within the period of five years after such completion, shall remove such accumulation of silt or other material or, as the case may be, repair such damage or otherwise carry out such works or take such action as they may consider necessary for the removal of the impediment or the restoration of safe navigation and berthing, and, if they fail to do so, the protected interests may themselves cause the work to be done and may recover from the Company the reasonable cost incurred by them in doing so.

(3) If any such accumulation, scouring or alteration of the tidal flow arises within the said period of five years and is removed or remedied in accordance with paragraph (2) above, then any recurrence of such accumulation, scouring or alteration of the tidal flow shall from time to time be removed or otherwise remedied as aforesaid during a period of 10 years after the completion of the specified works or the removal of such temporary structures, as the case may be.

(4) The Company shall repay or, as the case may be, keep the protected interests indemnified against all damages, losses, costs and expenses which they may directly or indirectly sustain, or be liable for, or reasonably and properly incur, by reason or in consequence of any injury or damage which may be caused or may result to any harbour works or property of the protected interests, or as a result of any interference in the operation thereof, by or in consequence of any such accumulation, scoring or alteration of the tidal flow–

• Provided that the protected interests shall give to the Company notice of any claim or demand made against them which, in the opinion of the protected interests, is a claim or demand for which the Company may be liable under this paragraph, and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the Company.

(5) Any difference arising between the Company and the protected interests under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator to be agreed between the parties, or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the president of the Institution of Civil Engineers.